Losing a loved one unexpectedly brings emotional devastation. It can also cause significant financial distress. If you have lost a loved one in a fatal accident, you may be entitled to a wrongful death settlement. Contact an Oakville fatal accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC. Your personal injury lawyer will review your case and fight for the compensation you deserve.
Factors Defining a Death as a “Wrongful Death”
According to Tennessee law, when a person who could have collected a personal injury settlement dies from “injuries received from another” or by a “wrongful act, omission, or killing by another,” that person’s beneficiaries have the right to collect the settlement.
Situations in which the victim is killed in a fatal accident may fall under the category of “wrongful death” if the accident was caused by another party’s negligence, recklessness, or intent. Fatal accidents can occur anywhere: on the road, at work, while engaging in recreational activities, or because of medical malpractice, for example.
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Beneficiaries Who May Be Entitled to a Wrongful Death Settlement
Under Tennessee Law, specific beneficiaries may file a wrongful death. The right to file belongs first to the victim’s surviving spouse. If there is no surviving spouse, the right falls to the surviving children, then to next of kin.
A personal representative of the victim, often known as an executor, may also file. If an executor files the claim, the financial settlement will be awarded to the victim’s surviving family. Sometimes, the victim’s parents can file a wrongful death claim.
People Who Can Serve as Executors
You can select any adult you trust to be your executor with two exceptions: a person who has been convicted of a crime and served prison time, or a judge, unless the judge is a family member and their role as executor will not create a conflict of interest with their judiciary responsibilities.
The court must appoint your selected executor unless the selection is challenged. Here, the challenger must provide clear evidence that the selected individual cannot fulfill the responsibilities.
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Wrongful Death Damages that Your Oakville Fatal Accident Lawyer Can Pursue
While every case and every settlement is different, your Gatti, Keltner, Bienvenu & Montesi PLC fatal accident lawyer in Oakville will most likely seek financial compensation in the following areas:
You will easily pay thousands of dollars for funeral and burial expenses. These thousands should not be yours to pay if someone else’s wrongful behavior caused your loved one’s death.
If your loved one received medical treatment before succumbing to their injuries, you can seek financial coverage for those bills. You will have to prove the fatal injuries were caused by the accident, and your Oakville fatal accident attorney from Gatti, Keltner, Bienvenu & Montesi PLC will know how to accomplish that.
Lost Earnings and Future Earnings
If your loved one was disabled, bedridden, or hospitalized after the accident and before their death, you can collect compensation for the wages lost during that time.
You may be entitled to the earnings the victim would have realized had their life continued as it was pre-accident. Your lawyer will calculate financial losses based on general life expectancy, anticipated age of retirement, and the victim’s potential earnings, and seek proportionate compensation.
Loss of Companionship and Mental Anguish
These emotional and psychological losses are intangible, and it is difficult to put a financial value on them. No amount of money will make up for losing someone you love, but it can serve as an acknowledgment of that loss and your suffering.
If a wife and mother are killed in a fatal accident, the spouse experiences severe personal loss, as do her children. The wrongful death claim essentially holds the person at fault responsible for costing families their most treasured relationships and the suffering brought by those losses.
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Why You Need a Fatal Accident Attorney in Oakville
You and your family will probably experience emotional turmoil following the loss of your loved one. Your lives will have changed in an instant, and those changes affect your relationships, your finances, and how you live your daily lives. Such unexpected losses might even leave you in a state of shock.
During that upheaval, consulting with an Oakville fatal accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC can bring you a measure of peace. You will have the assurance that an expert attorney is protecting your best interests and pursuing a financially stable future for you and your family.
Meeting the Statute of Limitations
You have one year from the date of your loved one’s death to file a wrongful death lawsuit. That year will probably be one of the most difficult in your life, and it may be difficult to focus on filing a lawsuit. However, if you miss the deadline, you lose the right to collect a settlement.
Put the lawsuit in your Oakville fatal accident lawyer’s hands. While you focus on emotional healing, your lawyer will manage the legal process leading to financial healing.
To collect a settlement, you must prove someone is at fault, or is liable, for your loved one’s death. To prove liability, you must show the responsible party owed your loved one a duty of care and breached that duty of care, which ultimately caused their accident and death.
Collecting and Presenting Evidence
You need evidence to prove the at-fault party’s breach of duty caused your loved one’s death. Your fatal accident lawyer in Oakville will know where to find that evidence and how to present it. The amount of time, energy, and legal knowledge required to gather evidence are significant.
Trust this process to your fatal accident attorney in Oakville.
Negotiating a Settlement or Representing You at Trial
Your Gatti, Keltner, Bienvenu & Montesi PLC lawyer will work to negotiate a settlement you deserve without going to court. If the responsible party refuses to settle or offers an unacceptable amount, your case may need to go to trial. Should this happen, your lawyer will represent you with personal dedication and legal expertise.
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Contact an Oakville Fatal Accident Attorney Today
The emotional devastation caused by the loss of your loved one is more than enough for you to bear. You should not experience financial devastation as well. To ensure your best chance of receiving the compensation you deserve, contactGatti, Keltner, Bienvenu & Montesi PLC and schedule a free consultation with an Oakville fatal accident lawyer today.